Educational institutions cannot withhold original academic certificates due to unpaid fees, which violates Articles 14 and 300-A of the Constitution.

ORDER :

SUREPALLI NANDA, J.

Heard Sri L. Ram Singh, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Medical Health and Family Welfare, appearing on behalf of respondent No.1, and learned Standing Counsel appearing on behalf of respondent No.2, and Sri Srinivas Rao Pachwa, learned counsel appearing on behalf of respondent No.3.

2. The petitioner approached this Court seeking the prayer as under:

“…to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2^nd and 3^rd respondents in not returning the original academic qualification certificates of the petitioner who has discontinued study of Bachelor of Dental Sciences (BDS) Course in the 1^st year in the 3^rd respondent Dental College as illegal, arbitrary, and violative of Articles 14 and 300-A of the Constitution of India and consequently direct the 2^nd and 3^rd respondents to return the petitioner’s original certificates viz 1. Secondary School Statement of Marks, 2. Secondary School Pass Certificate, 3. Intermediate Marks Certificate, 4. School & Intermediate Study Certificates-2 and 5. Intermediate Transfer Certificate, to the petitioner and pass any such other order...”

3. The case of the petitioner, in brief, is that the petitioner was allotted a seat in BDS Course in Balaji Dental College, Moinabad, under Management Quota Category and the petitioner had joined in the said college on 03.10.2024 by paying 1^st year fees Rs.5,65,000/- and submitted all the original educational documents. After taking admission, the petitioner felt sick and the petitioner’s health deteriorated day by day, the petitioner was unable to continue BDS course and discontinued the said course.

It is further the case of the petitioner that when the petitioner requested for return of the original educational certificates, the respondent authorities refused to release the original certificates and further demanded to pay balance fee of entire BDS course and also Rs.20,00,000/- towards penalty for discontinuation of the course. Aggrieved by the same, the petitioner filed the present writ petition.

4. PERUSED THE RECORD

(A) UGC guidelines, dated 23.04.2007, in particular, paragraph No.2 reads as under:

"2. The Commission is of the view that the Institutions/Universities, by way of retaining the certificate in original, force retention of admitted students which limits the opportunities for the candidates from exercising other options of joining other institutions of their choice. However, it would not be permissible for institutions and Universities to retain the School/ Institution, Leaving Certificate, mark sheet, caste certificate and other documents in original."

5. The Division Bench of this Court in its Judgment dated 24.01.2020 passed in W.P. No.21137 of 2019 in D.Vaishnavi vs. State of Telangana had struck down paragraph No.7 (iii) of G.O.Ms.No.114, dated 05.07.2017 i.e., original certificates submitted by the petitioner/candidate shall not to be returned to them, till they complete their course of study and appear for the University examination holding it as un-constitutional. A similar view was taken by this Court in Mahatma Gandhi Law College, NTR Nagar, Hyderabad v. State of Telangana vide Judgment dated 09.12.2022 passed in W.P.No.22417 of 2018. A Similar view was also taken vide Judgment of this Court dated 29.10.2024 passed in W.P.No.25559 of 2024 in Lakshmi Saranya v. The State of Telangana .

6. A Division Bench of this Court vide its judgment, dated 24.01.2020 in W.P.No.21137 of 2019 dealing with withholding of original academic qualification certificates of the students observed at paragraph Nos. 29 and 30 as under:-

“29. We are